Other conditions decisions — 2017

The Board found that the appellant's discharge was under conditions other than honorable due to his AWOL, and since he accepted an undesirable discharge to avoid a court-martial, it is considered dishonorable. The evidence does not support a finding of insanity at the time of the offense or at the time of discharge. Therefore, the character of the appellant's discharge bars him from VA benefits.

The Board has remanded the case for a VA examination to determine if the Veteran's heart murmur is related to an underlying heart condition, and for further consideration of his service connection claim.

The Veteran's claims for service connection have been reopened, but the Board has not found new and material evidence to support his claims of respiratory condition, chest pains, or joint disorder. The conditions are presumed due to Gulf War service.

The Board has determined that the Veteran does not currently have Hodgkin's disease/lymphadenopathy, lymphatic filariasis, eosinophilia, pharyngitis or tonsillitis. As such, these claims are denied.

The Veteran's appeal for an automobile and adaptive equipment was dismissed due to his death.

The Board denied the Veteran's claims for service connection for the cause of his death, accrued benefits, and non-service connected death pension benefits due to lack of evidence linking his death to his military service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to address the Veteran's claim of service connection for a lung disability, claimed as spontaneous pneumothorax.

The Board denied the Veteran's claim for service connection for right rotator cuff tendonitis, finding that there was no in-service injury and that the current condition is not related to his service-connected left shoulder disability.

The Veteran's appeal for increased ratings for his left lower extremity disability, including status post linear fracture of the left tibia with open reduction rod replacement, has been withdrawn by the service representative.

The Veteran's bilateral patella fractures with patellofemoral joint narrowing are currently rated at 20 percent, which is the maximum schedular rating available for this condition.

The Veteran's ventral hernia disability has not met the criteria for a compensable rating prior to July 1, 2010 (except during a period of total disability from May 26, 2010 to July 1, 2010), and does not warrant a rating in excess of 10 percent thereafter.

The Veteran has withdrawn his appeal regarding the issue of entitlement to a total disability rating based on individual unemployability (TDIU). As a result, the Board dismisses this matter.

The Board found that the overpayment of $39,510.00 was properly created and granted a waiver of recovery due to undue hardship.

The Board found that the Veteran's cardiac disorder did not manifest during or as a result of his military service and denied his claim.

The Veteran's schizoaffective disorder resulted in significant impairment, including constricted affect, depressed mood, anxiety, suspiciousness, chronic sleep impairment, and impaired family and social relationships. The Board found that the disability warranted a 50 percent rating throughout the period on appeal.

The Veteran's claim for an initial rating in excess of 20 percent for left hip arthritis has been granted and the rating is set at 10 percent. The effective date is from February 7, 2012 to February 27, 2017.

The Veteran's Crohn's disease is currently evaluated at a 30 percent rating, which reflects moderately severe symptoms including frequent exacerbations of abdominal pain, bloating, and diarrhea. The Board finds that the current evaluation adequately accounts for his condition.

The Veteran's appeal is being remanded due to her failure to report for a scheduled Travel Board hearing. The case will be returned to the Board after rescheduling and ensuring she receives proper notice of the hearing.

The Veteran's Crohn's disease is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal is being remanded for proper development of his claims, including an additional VA examination to assess the severity of his service-connected bilateral pterygium and consideration of a TDIU claim.